
11-06-2009, 03:18 PM
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Junior Member
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Join Date: Nov 2009
Posts: 1
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Estate Administration - Mother a beneficiary but died prior to her mother who had wil
My grandmother who passed away in August 2009 was a resident of Pennsylvania. She had four children, three of whom are still alive. The other child (my mother) passed away in 2003.
My question is if my mother, who was the beneficiary under a will, but died before the person who wrote the will, do I have any interest under the will? I did some initial research and found the following:
“If the will does not include any survival conditions or directions, then the general rule is that the beneficiary must outlive the testator, so the gift to the beneficiary "lapses" (is void) if the beneficiary dies before the testator. However, there is a statute in Pennsylvania that creates an exception to that general rule, but only for gifts by the testator to children (or other descendants), brothers or sisters, or nieces or nephews. Specifically, 20 Pa.C.S. section 2514(9)."
The will was a simple one page document stating that the beneficiaries would be the children with the statement “share and share alike.”
Could I request some general advice on whether this is something that I could pursue and what steps should be followed, if any?
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